The iPhone-maker yesterday asked U.S. District Judge Lucy Koh in San Jose to bar sales of more than 20 smartphones and
tablets, such as the Galaxy S 4G and Galaxy Tab 10.1, that a
jury last year found to infringe Apple’s patents. While Koh
rejected Apple’s bid for a sales ban on the infringing Samsung
devices after the 2012 verdict, a federal appeals court on Nov.
18 cleared the way for the iPhone maker to pursue an injunction
targeting some of its rival’s products.

“Samsung’s claim that it has discontinued selling the
particular models found to infringe or design around Apple’s
patents in no way diminishes Apple’s need for injunctive
relief,” Apple argued in a court filing. “Because Samsung
frequently brings new products to market, an injunction is
important to providing Apple the relief it needs to combat any
future infringement by Samsung through products not more than
colorably different from those already found to infringe.”

The U.S. Court of Appeals for the Federal Circuit in
Washington said that Apple could tailor its request to focus on
infringement of patents covering smartphone features, such as
multitouch technology, that were at issue in the 2012 trial. The
company can’t block Samsung products for infringing patented
designs, according to the opinion.

The world’s top two smartphone makers have spent hundreds
of millions of dollars in legal fees on claims of copying each
other’s features in a global battle to dominate the market.
Apple, which initiated the legal fight in 2011, had 13 percent
market share in the third quarter of this year, while Samsung
had 31 percent, according to IDC, a research firm based in
Framingham, Massachusetts.

Adam Yates, a spokesman for Suwon, South Korea-based
Samsung, declined to comment on Apple’s request.

Damages Trial

Last month, Apple won more than $290 million from Samsung
in a do-over damages trial stemming from the same case in which
Apple is seeking its sales ban request. A jury restored most of
the $410.5 million Koh cut from the $1.05 billion 2012 verdict
after finding it was flawed because jurors in the first trial
miscalculated the period that the infringement occurred. Total
damages owed by Samsung now stand at $930 million.

Apple, based in Cupertino, California, has another case
against Samsung going to trial in March over newer models,
including Samsung’s Galaxy S III. Should Koh, who is presiding
over the case, impose a ban on the older models, Apple could
argue that newer phones are the same products with new names.